Printable Format23-2607. Marriage settlements or contracts. Nothing in this act contained shall invalidate any marriage settlement or contract now made or to be hereafter made.
History: G.S. 1868, ch. 62, ยง 6; October 31; R.S. 1923, 23-207.
Source or Prior Law:
23-207.
Law Review and Bar Journal References:
Survival of father's duty under child support decree, Gary L. Lane, 12 W.L.J. 92, 96 (1972).
CASE ANNOTATIONS
1. Conveyance by husband immediately preceding marriage cannot be set aside. Butler v. Butler and Austin, 21 Kan. 521.
2. Marriage settlement which is reasonable and just should be upheld. Hafer v. Hafer, 33 Kan. 449, 458, 6 P. 537.
3. Unreasonable, inequitable marriage settlement, held void. Neddo v. Neddo, 56 Kan. 507, 44 P. 1.
4. Mentioned; tort action for damages not maintainable by one spouse against the other. Sink v. Sink, 172 Kan. 217, 218, 239 P.2d 933.
5. Mentioned in opinion holding wife has no cause of action for loss of consortium resulting from husband's injuries. Hoffman v. Dautel, 192 Kan. 406, 414, 388 P.2d 615.
6. Alimony and child support obligations do not survive death of husband absent clear intent in separation agreement. In re Estate of Sweeney, 210 Kan. 216, 223, 499 P.2d 56.
7. Antenuptial contract encouraged separation or divorce; unenforceable and void. Ranney v. Ranney, 219 Kan. 428, 548 P.2d 734.
8. Property settlement at time of divorce is abrogated upon remarriage of parties; any executory part of settlement is unenforceable absence evidence parties intended settlement to be a prenuptial agreement. In re Marriage of Allen, 31 Kan. App. 2d 31, 59 P.3d 1030 (2002).